THE United States was still mired in the Great Depression. President Franklin Roosevelt had signed an executive order creating the Work Projects Administration to create jobs on public works projects around the country. But by 1939, widespread allegations that WPA officials were using their positions for partisan political advantage in Congressional elections led New Mexico Senator Carl Hatch to introduce An Act to Prevent Pernicious Political Activities, now known as the Hatch Act.
In Part Two, I wrote about the parts of the Hatch Act that prohibit intimidating federal employees to secure campaign contributions, and coercion of federal employees to engage in political activity. Promising employment or benefits in exchange for political support —or taking jobs or benefits away in retaliation for withholding such support — is also a crime. In today’s column, we will cover the Hatch Act prohibitions on political campaign activities by public officials.
Who is covered?
The Hatch Act applies to most Federal employees and officials, but it also covers State and local government employees who perform duties in connection with an activity financed in whole or in part by federal funds, even if the employee’s salary is not federally funded. For purposes of the law, the term “state” includes both the CNMI and Guam. Examples of types of programs that frequently receive Federal assistance include public health, education, housing, labor and industry training, public works and conservation, civil defense, transportation, anti-poverty and law enforcement programs. Most agencies of the CNMI and Guam governments receive Federal aid. A covered employee remains subject to the restrictions of the Hatch Act, even when on annual leave, sick leave, leave without pay, administrative leave or furlough.
In addition, employees of private, nonprofit organizations that plan, develop and coordinate Federal Head Start, Community Service Block Grant and economic opportunity programs are also considered covered employees under the Hatch Act.
State and local employees-Prohibited activities
Covered State and local employees may NOT:
• Be candidates for public office in a partisan election. A partisan election is one in which a candidate is running as a representative of a political party.
• Use their position or authority to interfere with or affect the results of a nomination or election. For example, a covered employee may not ask an employee he or she supervises to volunteer for a political party or candidate, or advise employees that they may purchase tickets to a fund-raising event. Targeting subordinates for such “requests” is seen as inherently coercive, because the subordinate might reasonably fear to deny such a request by his or her supervisor.
• Directly or indirectly coerce, command, advise or suggest that another State or local employee — particularly a subordinate —contribute anything of value to a party or candidate for political purposes. For example, it would be a violation for a covered employee to advise his subordinates to take part in any partisan political activity, or contribute money, food, beverages, or anything else of value, to a political candidate or party. Again, subordinates might feel they have no choice when a request is made by their supervisor, so supervisors must avoid making such requests.
State and local employees-Allowable activities
Covered State or local employees MAY:
• Vote for the party or candidate of their choice.
• Be a candidate for public office in a nonpartisan election, such as for a local school board.
• Hold office in a political party, club or organization.
• Be appointed to fill a vacancy for an elective office.
• Actively campaign for candidates for office in partisan or nonpartisan elections (on their own time, not during work hours, and not at the government work site).
• Contribute money to political parties or candidates.
• Attend political rallies, meetings or fund-raising events.
Of course, all employees remain subject to the laws of the State or local government they live and work in, as
well as regulations or policies of their employing agency.
Anyone with information concerning possible election fraud should contact the Federal Bureau of Investigation and ask to speak with the FBI’s Election Crimes Coordinator, at 322-6934, or AUSA Jim Benedetto, the District Election Officer for the CNMI, at the United States Attorney’s Office in Saipan at 236-2980. All calls are confidential, and any person who retaliates against a witness who has given information to Federal law enforcement authorities is subject to serious criminal penalties.
Those who wish to file a complaint directly with the U.S. Department of Justice’s Office of Special Counsel may also go to: http://osc.gov/haFilingComplaint.htm for instructions on how to file form OSC-13.
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